beta
(영문) 서울중앙지방법원 2015.12.24 2015가합562159

구상금 등 청구의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On November 7, 2014, the Plaintiff’s credit guarantee agreement was concluded with the Plaintiff to obtain a loan from each bank on November 7, 2014, with a view to obtaining a loan from each bank, as stated below, on the amount guaranteed for the other party’s loan limit (won) on the date of the credit guarantee agreement between the Plaintiff’s credit guarantee agreement and the Plaintiff’s credit guarantee agreement with respect to L&C. < Amended by Presidential Decree No. 12075, Nov. 96, 200, Nov. 7, 2014; Presidential Decree No. 12807, Nov. 4, 2014; Presidential Decree No. 17000, Nov. 96, 200, 000>

On May 20, 2014, 400,897,897, 200,896,000,56,000,5761,237,53182,8509, 96,354, 681, 500, 500,000,000 of the loan principal (a) - interest (b) on May 20, 2014, 1 corporate bank, 1 corporate bank, 200, 200,001, 237, 537, 53182, 850, 96,354, 681, 50, 500, 500,673,901, 500,000, 50,000,0000,0000,0000,0000,0000,00.

In addition, the Plaintiff created the claim of KRW 1,852,860 and the claim of KRW 1,025 by subrogation.

Therefore, the Plaintiff has a claim against L&W as to the amount of KRW 502,527,786 (= KRW 500,673,901, KRW 1,852,860, KRW 1,025) based on each credit guarantee agreement.

B. On March 11, 2015, L&C’s fraudulent act had transferred to the Defendant the patent right indicated in the separate sheet, the only property of which is its own property under excess of its obligation, and completed the registration of patent transfer to the Defendant on March 13, 2015, as stated in the purport of the claim.

Therefore, the patent transfer contract is a fraudulent act that causes damage to the general creditors of L&C including the plaintiff.

C. The Plaintiff’s contents of the claim are as follows.

The cancellation of the above patent transfer contract, which is a fraudulent act, against the defendant who is the beneficiary of the fraudulent act as the creditor of the claim for reimbursement, and accordingly.